TAROOPNA & TAROOPNA

This matter concerned interim parenting and property adjustment orders sought by the parties, identified as TAROOPNA & TAROOPNA, before Foster J. The dispute involved discrete issues regarding the child's time with the father, with the parties having reached agreement on equal shared parental responsibility and the child living primarily with the mother. In relation to property, the wife sought orders concerning ongoing mortgage payments for the former matrimonial home, which she had occupied since separation.

The court was required to determine the appropriate interim parenting arrangements for the child, specifically the child's time with the father, while acknowledging the parties' agreement on equal shared parental responsibility and the child residing with the mother. Concurrently, the court had to address interim property issues, including the wife's request for ongoing mortgage payments, her continued use of the family home, the husband's historical payment of the mortgage, and the wife's capacity to acquire the home or secure alternative accommodation.

In relation to parenting, Foster J made orders reflecting the parties' agreement for equal shared parental responsibility and the child to live with the mother, with specific provisions for the child's time with the father, including a default schedule for periods equivalent to school terms and holidays, and provisions for Father's Day and Mother's Day. For the property dispute, the court reasoned that given the wife's lack of capacity to acquire the home and her availability of alternative accommodation, it was appropriate to order the sale of the former matrimonial home. The proceeds were to be disbursed to cover sale expenses, discharge the mortgage, provide the wife with a modest release of $50,000, and the balance to be held in a controlled monies account pending further order. The orders also stipulated the process for the sale, including the appointment of a solicitor and selling agent, and the wife's obligation to vacate the property.